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    | THREE INTERTWINED DIMENSIONSThe political, the economic and the legal dimensions in a process of deep 
        integration.
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    | by Félix PeñaAugust 2019
 
 English translation: Isabel Romero Carranza
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    |    | In a process of deep integration, the economic the 
        legal and the political are the three fundamental dimensions to consider. 
        These three dimensions are essential to understand the beginning of the 
        construction of a space of integration between sovereign nations and its 
        subsequent development.
       The path initiated with the launch of the Schumann 
        Plan, on May 9, 1950, is illustrative in this regard. The idea of peace 
        and democratic governance - the political dimension-had to be supported 
        by de facto solidarities anchored in a relevant productive sector such 
        as coal and steel -the economic dimension -within the framework of common 
        institutions and rules that would make them effective -the legal dimension 
        . They were three intertwined dimensions.
       These three dimensions have also been fundamental 
        since the founding of the current Mercosur. They are essential when evaluating 
        its results and examining the steps aimed at achieving its adaptation 
        to the new realities.
       The political dimension is reflected in the consolidation 
        of democracies in the member countries, based on the cooperation and integration 
        of their respective productive systems. The economic dimension is, in 
        turn, the result of the idea of creating a common market, whose betterment 
        has no specific timeframe but does have instruments that are functional 
        to the objective pursued, such as that of the common external tariff. 
        The legal dimension is reflected in the rules and institutions established 
        in the Treaty of Asunción -its charter - especially in the combination 
        of its 1st and 2nd articles.
       At a time when what will supposedly be the final phase 
        of the approval process of the bi-regional agreement between the EU and 
        Mercosur has started, the considerations presented here may be of some 
        relevance, in particular in relation to the process of entry into force 
        of this bi-regional agreement.
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    |  Three dimensions are closely intertwined at the founding moments of 
        a process of deep integration between sovereign nations. By this we mean 
        a process that aims to provide conditions of predictability for productive 
        investment decisions that are adopted based on the expanded market generated 
        by the corresponding agreement. More precisely, we are referring to the political, the economic and the 
        legal dimensions. These are fundamental to understand the beginning of 
        the construction of a space of integration between sovereign nations. The path started with the launch of the Schumann Plan, on May 9, 1950, 
        is illustrative in this regard. Jean Monnet, one of the main founding 
        fathers of European integration, made it clear that, in order to be effective 
        and produce the intended results, an initiative that involved France, 
        Germany and other countries of the region, needed to have a close interrelation 
        between its political, economic and legal dimensions  In this perspective, the idea of peace and democratic governance -the 
        political dimension-had to be backed by de facto solidarities anchored 
        in a relevant productive sector, such as coal and steel-the economic dimension-and 
        within a framework of common institutions and rules that would make them 
        effective-the legal dimension. They were three intertwined dimensions. Seventy years later, European peace and governance continue to be sustained 
        by the predominance of common interests and visions as a whole, resulting 
        precisely from the effects of the linkages between the respective economic 
        systems based on the prevailing common institutions and rules.  The strength of such linkages has been evidenced in the Brexit process, 
        when the United Kingdom has had serious difficulties in extricating itself 
        from the commitments freely agreed in the European integration system. 
       These three dimensions have also been present since the founding of the 
        current Mercosur. They are fundamental when evaluating its results and 
        examining the steps aimed at achieving its necessary and continuous adaptation 
        to the new realities. The political dimension is reflected in the consolidation of the democratic 
        systems of the member countries based on the cooperation and integration 
        of their corresponding productive systems. For this purpose, it was essential 
        to reaffirm the quality of the relation between Argentina and Brazil, 
        which was done through the bilateral integration agreement of 1986 promoted 
        by presidents Alfonsin and Sarney. It relied on the climate of understanding 
        that had been achieved at the time, especially by deterring the course 
        of the nuclear escalation that had characterized the bilateral relationship 
        in previous years.  The economic dimension is, in turn, the result of the idea of creating 
        a common market and negotiating as a whole with third countries. Its definitive 
        improvement does not have a specific timeframe, but it does have instruments 
        that are functional to the desired objective, especially the common external 
        tariff.  The legal dimension is reflected in the rules and institutions established 
        by the Treaty of Asunción -its charter- when its article 2 stipulates 
        that: "The Common Market shall be based on reciprocity of rights 
        and obligations between the States Parties." It is in the light of 
        this norm that we should understand what the member countries have committed 
        to accomplish together, especially in article 1, which provides, among 
        other legal commitments of political and economic content,"the establishment 
        of a common external tariff and the adoption of a common trade policy 
        in relation to third States or groups of States and the coordination of 
        positions in regional and international economic and commercial forums". 
        The commitment is very clear. If a country eventually disagreed, for example 
        with Mercosur having a common external tariff --whose content is not defined 
        in the sense that it must be "perfect" according to economic 
        theory--it would have to either denounce the Treaty and withdraw Mercosur 
        under the conditions provided for in its articles 21 and 22, or have the 
        Treaty modified, with the corresponding parliamentary approval. At a moment when what will be the final phase of the approval process 
        of the bi-regional agreement between the EU and Mercosur seems to have 
        started, the considerations presented here may be relevant. In particular 
        in relation to the process of entry into force of this bi-regional agreement, 
        which could only have full effect if it is ratified by all Mercosur member 
        states. |  
   
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    | Félix Peña Director 
        of the Institute of International Trade at the ICBC Foundation. Director 
        of the Masters Degree in International Trade Relations at Tres de Febrero 
        National University (UNTREF). Member of the Executive Committee of the 
        Argentine Council for International Relations (CARI). Member of the Evian 
        Group Brains Trust. More 
        information. |  
 
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